B-138402, MAY 11, 1962

B-138402: May 11, 1962

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YOU WERE ADVISED BY LETTERS DATED FEBRUARY 3 AND JUNE 18. THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9. BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED ON OR PRIOR TO FEBRUARY 6. THE LIMITATION CONTAINED IN THE ACT IS NOT A MERE STATUTE OF LIMITATIONS. IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. WE TRUST THAT YOU WILL UNDERSTAND THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW.

B-138402, MAY 11, 1962

TO MR. TIU GUIN:

THERE HAS BEEN REFERRED TO THIS OFFICE FOR REPLY YOUR LETTER DATED JANUARY 24, 1962, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, AGAIN REQUESTING CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY ALLEGED TO BE DUE IN THE CASE OF NEMISIO (NEMECIO) B. MANEJA, DECEASED, INCIDENT TO HIS SERVICE IN THE UNITED STATES MILITARY FORCES DURING A PERIOD OF APPROXIMATELY THREE YEARS FROM 1916 TO 1919.

YOU WERE ADVISED BY LETTERS DATED FEBRUARY 3 AND JUNE 18, 1958, AND BY OUR DECISIONS B-138402 OF JANUARY 27 AND MAY 4, 1959, THAT YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061,BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE IT FIRST ACCRUED ON OR PRIOR TO FEBRUARY 6, 1919. YOUR LATEST LETTER PRESENTS NO MATERIAL FACTS OR EVIDENCE NOT PREVIOUSLY CONSIDERED AND, HENCE, AFFORDS NO BASIS FOR MODIFICATION OF OUR EARLIER ACTION IN THIS MATTER.

THE LIMITATION CONTAINED IN THE ACT IS NOT A MERE STATUTE OF LIMITATIONS, BUT IS A CONDITION PRECEDENT TO THE RIGHT TO HAVE CLAIMS CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. ACCORDINGLY, NO MATTER HOW MERITORIOUS A CLAIM MAY BE, NEITHER THIS OFFICE, NOR ANY OTHER OFFICE OF THE GOVERNMENT, NOR ANY PUBLIC OFFICIAL, MAY MAKE EXCEPTIONS TO THE PROVISIONS OF THE STATUTE, NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. HENCE, WE TRUST THAT YOU WILL UNDERSTAND THAT CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW. ANY FURTHER ..END :